SonicStage/Connect Music Store Download,
Two Credits worth Two Music Downloads
US Terms & Conditions
July 1, 2004
TERMS AND CONDITIONS OF CONNECT™ CREDITS
These Terms and Conditions (the “Terms”) apply to the promotion which commences on Thursday, July 1, 2004 and continuing through Thursday, July 15, 2004, (the “Promotion Period”). During the Promotion Period, each end user who, for the first time, downloads the free SonicStage software application/Connect music store (the “Software”) will be eligible to get two (2) Connect? Cash credits (the “Credit(s)”) worth two (2) single song downloads.
How to Participate:
During the Promotion Period, new end users who have never installed the Software before and who: 1) own a personal computer; 2) visit www.connect.com ; 3) download and install the Software to the hard drive of his or her personal computer; 4) open the Software by clicking on the Connect music store icon on his or her computer's desk top during the Promotion Period; and 5) register with the Connect music store will be eligible to receive a Credit that is valid for two single song downloads from the Connect music store. Eligible end users (each, a “Participant”) will receive a Credit in his or her Connect music store account after registering with the Connect music store. You must have Administrator's access and/or parental approval to download the Software to your computer. There is no purchase required to register with the Connect music store, however, you will be required to enter certain of your personal information in order to register.
You must be at least 13 years old to participate. Normal Internet service provider charges may apply. Credit does not cover any charges associated with Internet access. Your use of the Credit constitutes your acceptance of these terms and conditions. The Credit may only be redeemed through the Connect music store (which is accessible via the Software) and only for eligible downloads as determined by Sony Connect Inc. (“Sony Connect”). The Software is available for download from www.connect.com (the “Site”). The Credit may not be redeemed for cash, cannot be returned for a cash refund, and is void if sold for cash or other consideration. Any unused Credit will be placed in your Connect music store account. No change will be returned from this Credit. If your download(s) exceed(s) the remaining balance in your Connect music store account, the balance must be paid for with a debit or credit card. Your participation in this promotion, Credits, music downloads, and your use of the Connect music store are subject to the Terms of Service and the End User License Agreement, (the “E.U.L.A.) as well as the Privacy Policy of Sony Connect. See complete Terms of Service/E.U.L.A. for the Connect music store available at the Site. You must agree to the Sony Corp. end user license agreement to download the Software and the Sony Connect Terms of Service/E.U.L.A. to complete any music download. By using the Connect music store and participating in this promotion, you agree to these Terms and all decisions of Sony Connect with respect to this Promotion and the Connect music store, which are final and binding in all respects. If you do not agree, do not participate in this Promotion and do not use the Connect music store. For questions concerning the downloading process, refer to the FAQ section of the Connect music store. Sony Connect is not responsible for any loss or damages of any kind incurred as a result of any data transmitted via the Connect music store and/or the Software. The Credit shall not be replaced if lost, stolen or destroyed and is nontransferable and nonrefundable. Credits are void where prohibited by applicable law. Sony Connect shall have the right to close a customer account and request alternative forms of payment if a fraudulently obtained Credit is redeemed through the Connect music store. Credits may not be applied to previous purchases. Limit one Credit per new Connect music store registered user. Sony Connect reserves the right to withdraw this promotion at any time. Valid only to customers located in the U.S. , excluding its territories and possessions.
System/Software Requirements
In order to download and enjoy an album or any song from the Connect music store you must have access to the appropriate computer hardware (e.g. sound card) and download the Software on your computer. System requirements include the following: a Windows 2000 or Windows XP Windows-based operating system. DSL, Broadband or High-speed Internet access is recommended. Additional minimum system and hardware requirements are posted on the Site. Additional transfer and use restrictions on downloaded files may apply and are as disclosed on the Site as well as in the Terms of Service/E.U.L.A. The time required to complete a download may vary based on your computer system, Internet connection and/or the amount of traffic on the Site. For questions concerning hardware and software requirements refer to the FAQ section of the Connect music store.
Download Limitations
All Credits are subject to verification and can only be used in accordance with these Terms. The sale, auction, trading, transfer, assignment, combining or barter of any Credit or packaging is strictly prohibited and will deem such Credit as void. Limit two (2) Credits each worth (1) single song music download per verified Credit entered. Maximum limit of two (2) Credits each valid for one (1) single song download per Participant email address/person/IP address. Each Credit can only be used once. Credits that are not recognized as valid by Sony Connect or that are deemed as previously entered and used will be void and not eligible for a download. Only the Credit provided courtesy of Sony Connect will be valid; no other Credits from any other products or any other part of a participating package are valid.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code at the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sony Connect. Except as expressly provided in these Terms and Conditions, the Terms of Service/E.U.L.A., no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Sony Connect's or its licensors' express prior written consent.
Site Use
You may not use any technological or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Sony Connect reserves the right to bar any such activity. You may not attempt to gain unauthorized access to the Site, or any other systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sony Connect's systems or networks, or any systems or networks connected to the Site or to Sony Connect. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, the Promotion, or with any other person's use of the Site.
Additional Terms and Conditions
Additional terms and conditions may apply to services and to all or any specific portions or features of the Site. If there is a conflict between these Terms and the Terms of Service/E.U.L.A. posted for or applicable to the Site or a specific portion of the Site or the Content or for any service offered on or through the Site, the latter terms shall control with respect to your use of the Site, any portion of the Site, the Content, or the specific service. Sony Connect may make changes to any services or Content offered on the Site, or to the applicable products or services, at any time, without notice.
Privacy
Certain features or services offered on or through the Site may require you to open an account (including setting up a unique user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Sony Connect immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Sony Connect or any other user of or visitor to the Site due to someone else using your unique user ID, password or account. You may not use anyone else's Connect music store ID, password or account at any time. Sony Connect cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Sony Connect's Privacy Policy applies to use of the Site, and its terms are made a part of these Terms by this reference. To view Sony Connect's Privacy Policy go to www.connect.com/privacypolicy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the Site
This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Connect music store's visitors. Such Linked Sites are not under Sony Connect's control, and it is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
General Conditions
Sony Connect reserves the right to add or remove any Content from availability at any time or times, and neither warrants nor represents that the Content or any song is appropriate for all age groups which may access any particular song once the song is downloaded by an eligible Promotion Participant. Sony Connect is not responsible for the Content, the music, or any lyrics available on the Site.
Disclaimers
SONY CONNECT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. IN NO EVENT WILL SONY CONNECT, ITS DIRECT OR INDIRECT PARENTS, AFFILIATES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR THEIR ADVERTISING OR PROMOTION AGENCIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE(S) OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE(S). ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SONY CONNECT CANNOT ENSURE THAT ANY SONGS, FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SONY CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY CONNECT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, AND/OR ANY SONY CONNECT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE CONTENT, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SONY CONNECT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Promotion Participants agree (a) that neither Sony Connect nor its direct and indirect parents, affiliates, subsidiaries, and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have liability whatsoever for, and shall be indemnified and held harmless by Participants against, any breach of a representation and warranty, as well as any liability for any or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Credit, Content, or song, or Software or participation in this Promotion or Promotion-related activities.
In the Sony Connect is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to , infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which either Sony Connect, at its individual sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion , fire, flood, epidemic or other national health emergency , earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis (e.g. SARS), or other cause not reasonably within Sony Connect's control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sony Connect shall have the right to cancel, terminate, modify or suspend the Promotion or proceed with the Promotion in a manner deemed fair and appropriate.
Sony Connect reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason as it relates to fraud, over redemption exceeding the Maximum limit of one (1) download per twenty-four (24) hour period per email address/person/IP address or force majuere; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform non-routine maintenance, error correction, or other changes or unexpected technical issues, problems or redemption.
Neither Sony Connect nor its agencies are responsible for lost, late, incomplete, stolen, misdirected, registrations and/or Credits; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware including, but not limited to any malfunctions of the Software, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, or service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, Credit, or other information, or the failure to capture, or loss of, any such information. Neither Sony Connect nor its agencies are responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment, including but not limited to the Software or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Site.
Violation of These Terms and Conditions
The right is reserved by Sony Connect at its individual sole discretion, to disqualify and potentially prosecute any individual found, at Sony Connect's sole discretion, to be tampering with the Credit entry or song download process, or the downloaded software, or the operation of the Promotion or Site, to be acting in violation of the Terms and Conditions; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sony Connect is not responsible for any Participant's inability to download Software or songs. Any use of robotic, automatic, macro, programmed or like registration or Credit entry methods will void all such registrations and Credit entry(s) by such methods, and disqualify any Participant using such methods. In case of dispute, Credits entered and/or used will be declared entered and/or used by the person under whose personal information and associated user name was entered and/or used.
Sony Connect may disclose any information they have about you (including your identity) if they determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sony Connect's rights or property, or the rights or property of visitors to or users of the Site, including Sony Connect's customers. Sony Connect reserves the right at all times to disclose any information that Sony Connect deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sony Connect also may disclose your information when Sony Connect determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Sony Connect may preserve any transmittal or communication by you with Sony Connect through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sony Connect determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sony Connect, its employees, users of or visitors to the Site, and the public.
You agree that Sony Connect may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions, the Terms of Service/E.U.L.A., or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms or the Terms of Service/E.U.L.A. will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sony Connect, for which monetary damages would be inadequate, and you consent to Sony Connect obtaining any injunctive or equitable relief that Sony Connect deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sony Connect may have at law or in equity.
Governing Law
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF THE PARTICIPANT OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
Arbitration Disclosure
By participating in this Promotion, all Participants agree that any and all disputes they may have with, or claims they may have against, Sony Connect relating to, arising out of or connected in any way with (i) the Promotion, (ii) the awarding or redemption of a Credit and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “ Forum” ) pursuant to the Forum's Code of Procedure and in accordance with the arbitration provision below.
Arbitration Provision
By participating in this Promotion, each Participant agrees that: (1) Any claim, dispute, or controversy (whether in contract, tort, otherwise) arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of Credit, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the Forum and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (2) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sony Connect; (4) The arbitrator's decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Promotion; (5) The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Participant's and/or Sony Connect's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against the Participant or Sony Connect; (8) In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sony Connect exceeds $125, and the Participant is unable (or not required under the applicable Code of Procedure) to pay the additional fees and deposits, Sony Connect agrees to pay them and/or forward them on the Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sony Connect will pay as much of the Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com or contact them at National Arbitration Forum, P.O. Box 50191 , Minneapolis , MN 55405 , (877) 655-7755.
Miscellaneous
You may not use or export or re-export any music or other Content obtained from the Site, the Software, or any copy or adaptation of such Content or such Software, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States copyright law, export law and regulations.
Sony Connect reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
© 2004 Sony Connect Inc. All rights reserved.
Connect and the Connect logo are trademarks of Sony Corporation.
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